Ruling Cases - Law Dictionary Search Results
Home Dictionary Name: ruling casesRuling cases
Ruling cases, cases having much the same character and effect as Leading Cases (see that title)....
Leading cases
Leading cases. A case so frequently followed as to become invested with peculiar authority is termed a 'leading case.' The leading cases on important points of law were collected and published by Mr. John William Smith with copious notes in1837, and a similar collection on points of equity, by Messrs. White and Tudor, in 1849. See also RULING CASES....
Shelley's case, Rule in
Shelley's case, Rule in. intimately connected with the quantity of estate which a tenant may hold in realty, is the antique feudal doctrine generally known as the rule in Shelley's Case, which is reported by Lord Coke in 1 Rep. 93 b (23 Eliz.in C.B.), and elaborately examined by Lord Macnaghten in Van Grutten v. Foxwell, 1897 AC 658.The rule has been abolished by the (English) Law of Property Act, 1925, s. 131, in the construction of all instruments coming into operation after 1925; but the rule governs the construction of all instruments which have come into operation before the 1st January, 1926.The rule may be described thus: Where a life free-hold, either legal or equitable in realty (whether of freehold or copyhold tenure), is limited by any assurance to a person, and by the same assurance the inheritance of the same quality, i.e., either legal or equitable, is limited by way of remainder (with or without the interposition of any other estate) to his heirs or the heirs of his body...
Statutory Rules and Orders
Statutory Rules and Orders. Very numerous Acts of Parliament, especially those passed in recent years, empower the Sovereign in Council, some Govern-ment Department, or Courts of Justice, to make rules, having the same effect as the statute under which they are made, to regulate details left unprovided for by such statute. Thus, there are the Bankruptcy Rules regulating the practice under the Bankruptcy Acts; the Rules of the Supreme Court, regulating the practice of the High Court and the Court of Appeal; Orders of the Ministries of Health, Labour, etc., and Orders of the Ministry of Agriculture and Fisheries, under the (English) Diseases of Animals Act, 1894, and other Acts; and hundreds of other rules, orders, and regulations, in some cases requiring to be laid before Parliament, and in other cases not, and in some cases required to be published in the London, Edinburgh, or Dublin Gazette, and in others not.The (English) Rules Publication Act 1893 (56 & 57 Vict. c. 66), directs that...
case
case [Latin casus accident, event, set of circumstances, literally, act of falling] 1 a : a civil or criminal suit or action [the judicial power shall extend to all s, in law and equity, arising under this Constitution "U.S. Constitution art. III"] see also controversy case at bar : a case being considered by the court [the facts of the case at bar] case of first im·pres·sion : a case that presents an issue or question never before decided or considered by the court com·pan·ion case : a case that is heard with another case because it involves similar or related questions of law test case 1 : a representative case whose outcome will serve as precedent for future cases and esp. for pending cases involving similar or related issues or circumstances and often some of the same parties NOTE: A test case is selected from a number of cases in order to avoid a flood of litigation. All of the parties to the cases must agree to accept the outcome of the test case as bi...
Decree
Decree [fr. decretum, Lat.], an edict, a law.The term was also used for the judgment of a Court of Equity. But by the (English) Judicature Acts, 1873 and 1875, the expression judgment, which was formerly used only in Courts of Common Law, is adopted in reference to the decisions of all Divisions of the Supreme Court, and [(English) Judicature Act, 1925, s. 225, replacing (English) Act of 1873, s. 100] includes decree. See JUDGMENT, and consult Seton on Decrees. In Scotland the judgment of a Court disposing of a case (accent on first syllable).Decree means a formal expression of an adjudication which the Court conclusively and finally determines the rights of the parties with regard to all or any of the matters in controversy in the suit, Deep Chand v. Land Acquisition Officer, (1994) 4 SCC 99: AIR 1994 SC 1901.A decree in invitum is not an instrument securing money or other property; such a decree is a record of the formal adjudication of the Court relating to a right claimed by a part...
Decree nisi
Decree nisi. By the (English) Judicature Act,1925, s. 183(1) every decree for a divorce or for nullity of marriage shall, in the first instance, be a decree nisi not to be made absolute until after the expiration of six months from the pronouncing thereof, unless the Court by general or special order from time to time fixes a shorter time.(2) After the pronouncing of the decree nisi and before the decree is made absolute, any person may, in the prescribed manner, show cause why the decree should not be made absolute by reason of the decree having been obtained by collusion or by reason of material not having been brought before the Court, and in any such case the Court may make the decree absolute, reverse the decree nisi, require further inquiry or otherwise deal with the case as the Court thinks fit. Only in special circumstances will the period be shortened. See Osburne v. Osburne, (1926) 70 Sol Jo 388. See Browne on Divorce; Chitty's Statutes, tit. 'Matrimonial Causes.'...
Macnaughton's Case, Rules in
Macnaughton's Case, Rules in [4 St. Tr. (N.S.) 847]. A discussion took place in the House of Lords upon the direction to the jury by Tindal, C.J., in the trial of Macnaughton, and as a result a series of questions were put to the judges. The answers of the majority constitute 'the rules in Macnaughton's case,' and have been accepted as laying down the law as to insanity with reference to criminal responsibility. See Archbold, Crim. Pleading, etc., 25th Edn., p. 15 et seq. The rules have been the subject of much discussion and criticism by political, medical, and legal writers (see, for example, Lord Birkenhead's letter to The Times, May 26th, 1924). The main rule which is laid down is, that in order to establish a defence on the ground of insanity, it must be proved that, at the time of the committing of the act, the person accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it,...
rule in Shelley's case
rule in Shelley's case [from Wolfe v. Shelley, a 1581 English case invoking the rule] : a former common-law rule that converted a life estate of an ancestor into an estate in fee and destroyed the remainder to the heirs that was created in the same instrument as that creating the life estate see also executory interest at interest ...
Ruling
Ruling, means the outcome of a court's decision either on some point of law or on the case as a whole, Black's Law Dictionary, 7th Edn., p. 1334.Ruling, signify the outcome of applying a legal test when that outcome is one of relatively narrow Impact. The immediate effect is to decide an issue in a single case. This meaning contrast, for example, with the usual meaning of 'legal rule'. The term rule ordinarily refers to a legal proposition of general application. A ruling may have force as precedent, but ordinarily it has that force because the conclusion it expresses (for example 'objection sustained') explicitly depends upon and implicitly reiterates a 'rule' -- a legal proposition of more general application--..', Judging 67-68, 1990, By Robert E. Keeton....
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